Great American Life Insurance Company v. M/Y NEVER SATIISFIED et al
| Great American Life Insurance Company and Great American Life Insurance Company doing business as Sailfish Marina Resort |
| Hayden V Moskowitz, Michael Moskowitz, M/Y NEVER SATIISFIED and M/Y NEVER SATISFIED |
| Soderholm Eric |
| 9:2019cv81382 |
| October 10, 2019 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Contract: Marine |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on December 3, 2019. A more recent docket listing may be available from PACER.
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Filing 33
PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 12/23/2019., All Discovery due by 3/23/2020., Joinder of Parties due by 12/23/2019., In Limine Motions due by 4/13/2020., Motions due by 4/13/2020., Pretrial Stipulation due by 5/26/2020.), and ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 12/3/2019. See attached document for full details. (ls)
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| Filing 32 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 12/3/2019. Attorney Appearances: Adam Ludwin, Esq. for Plaintiff | Robert McIntosh, Esq. for Defendant. Pretrial and scheduling matters discussed. Scheduling Order to follow. (Total Time in Court: 2 mins. | Digital: 14:41:16) (jrz) |
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Filing 31
PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for December 3, 2019 at 2:30 P.M. in West Palm Beach Division before U.S. Magistrate Judge Dave Lee Brannon. At that time, the parties shall call (888) 808-6929 and enter access code 2036573. Any motions to modify the existing trial date should be filed prior to the telephonic scheduling conference. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)s conference report requirement. The parties must be prepared at their assigned time but may have to wait 10-20 minutes before their conference begins, as the Court sets multiple cases per 30-minute time slot. Signed by Magistrate Judge Dave Lee Brannon on 11/21/2019. (spe)
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Filing 30
ORDER Referring Case and Setting Trial Date: ( Jury Trial set for 6/22/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/17/2020 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 11/20/2019. See attached document for full details. (kpe) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 29
ORDER VACATING ARREST. The Warrant for Arrest in Rem Issued as to M/Y Never Satisfied (DE 11) is VACATED. Defendants' Motion to Change Substitute Custodian (DE 18) is DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 10/31/2019. See attached document for full details. (kpe)
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| Filing 28 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Miscellaneous Hearing held on 10/31/2019. Attorney Appearance(s): Adam B. Cooke, Adam Michael Ludwin. Written Order to follow. Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. (lbc) |
| Filing 27 Clerks Notice of Docket Correction re #26 Warrant for Arrest In Rem Returned. Docket Text Modified by Clerk to reflect unexecuted verses executed. (jmd) |
| Filing 26 WARRANT FOR ARREST IN REM Returned Unexecuted as to M/Y NEVER SATISFIED. (pcs) Modified on 10/31/2019 to reflect unexecuted verses executed. (jmd) |
| Filing 25 RESPONSE in Opposition re #20 MOTION for Order to Show Cause Why Arrest Should not be Vacated MOTION for Bond filed by Great American Life Insurance Company. Replies due by 11/6/2019. (Ludwin, Adam) |
| Filing 24 RESPONSE in Opposition re #18 Renewed MOTION to Appoint National Maritime Services, Inc. as Custodian filed by Great American Life Insurance Company. Replies due by 11/6/2019. (Ludwin, Adam) |
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Filing 23
PAPERLESS ORDER. In the Order to Show Cause entered yesterday (DE #22 ), a typographical error caused confusion with respect to the time of the scheduled hearing. For clarity of the record, the hearing is scheduled for tomorrow, October 31, 2019, at 10:30 a.m., in West Palm Beach. Signed by Judge Donald M. Middlebrooks on 10/30/2019. (kal)
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Filing 22
ORDER granting #20 Motion for Order to Show Cause. Show Cause Hearing set for 10/31/2019 10:30 AM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 10/29/2019. See attached document for full details. (dj)
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| Filing 21 NOTICE OF UNAVAILABILITY by Great American Life Insurance Company for dates of 11/14/2019 - 11/21/2019 (Ludwin, Adam) |
| Filing 20 MOTION for Order to Show Cause Why Arrest Should not be Vacated, MOTION for Bond ( Responses due by 11/12/2019) by M/Y NEVER SATISFIED. (Attachments: #1 Exhibit)(Cooke, Adam) |
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Filing 19
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. In light of Defendants' time-sensitive motion (DE #18 ), the Court ORDERS expedited briefing. Plaintiff must file any response to Defendants' Motion by October 30, 2019. I encourage the Parties to make additional reasonable efforts to confer and resolve the dispute at issue. If the Parties resolve the dispute at issue in Defendants Motion, they must promptly notify the Court. Signed by Judge Donald M. Middlebrooks on 10/28/2019. (kal)
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| Filing 18 Renewed MOTION to Appoint National Maritime Services, Inc. as Custodian by M/Y NEVER SATISFIED. Responses due by 11/8/2019 (Attachments: #1 Exhibit, #2 Consent and Indemnification Agreement)(Cooke, Adam) |
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Filing 17
PAPERLESS ORDER denying without prejudice #13 Motion to Prevent Vessel from Being Moved to Miami. In the present Motion, Defendants ask for their vessel to remain in West Palm Beach, at its current location, under the custody of National Maritime Services, Inc. (DE #13 at 1-2). Although Plaintiff does not object to this request, it does not appear that Defendants have complied with the "procedures for changing custody arrangements," as described in the Local Rules. See Local Rules, Admiralty and Maritime Rule E(10)(c). After consulting the local rules, Defendants may renew their motion if they so desire. #13 Motion. Signed by Judge Donald M. Middlebrooks on 10/25/2019. (jdr)
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| Filing 16 REPLY to Response to Motion re #13 MOTION to Prevent Vessel from Being Moved to Miami re #10 Order on Motion to Appoint Custodian, #5 MOTION to Appoint APEX MARINE, LLC as Custodian filed by M/Y NEVER SATISFIED. (Attachments: #1 Exhibit)(Cooke, Adam) |
| Filing 15 RESPONSE to #13 MOTION to Prevent Vessel from Being Moved to Miami re #10 Order on Motion to Appoint Custodian, #5 MOTION to Appoint APEX MARINE, LLC as Custodian by Great American Life Insurance Company. (Attachments: #1 Exhibit)(Ludwin, Adam) |
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Filing 14
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. In light of Defendants' time-sensitive motion (DE #13 ), expedited briefing is required. Plaintiff must file any response to Defendants' Motion by October 24, 2019. I encourage the Parties to make additional reasonable efforts to confer and resolve the dispute at issue. If the Parties resolve the dispute at issue in Defendants' Motion, they must promptly notify the Court. Signed by Judge Donald M. Middlebrooks on 10/23/2019. (kal)
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| Set Deadlines per DE 14 Order as to #13 MOTION to Prevent Vessel from Being Moved to Miami. Responses due by 10/24/2019. (kpe) |
| Filing 13 Objection and MOTION to Prevent Vessel from Being Moved to Miami re #10 Order on Motion to Appoint Custodian, #5 MOTION to Appoint APEX MARINE, LLC as Custodian by M/Y NEVER SATISFIED. Attorney Adam B. Cooke added to party M/Y NEVER SATISFIED(pty:dft). (Attachments: #1 Exhibit)(Cooke, Adam) Modified text on 10/23/2019 (kpe). |
| Filing 12 CLAIM of Owner by Soderholm Eric, Hayden V Moskowitz. (Cooke, Adam) |
| Filing 11 VACATED Warrant for Arrest In Rem Issued as to M/Y NEVER SATISFIED. Signed by DEPUTY CLERK on 10/16/2019. See attached document for full details. (kpe) Modified on 10/31/2019 per DE #29 Order (kpe). |
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Filing 10
ORDER Appointing Substitute Custodian. ORDER granting #5 Motion for Appointment of Substitute Custodian. Apex Marine, LLC appointed. Signed by Judge Donald M. Middlebrooks on 10/16/2019. See attached document for full details. (kpe)
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Filing 9
BREAK ORDER. ORDER granting #4 Motion for Entry of Break Order. Signed by Judge Donald M. Middlebrooks on 10/16/2019. See attached document for full details. (kpe)
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Filing 8
ORDER Directing The Issuance Of The Warrant Of Arrest. ORDER granting #3 Motion for an Order Directing the Clerk of Court to Issue the Warrant of Arrest. Signed by Judge Donald M. Middlebrooks on 10/16/2019. See attached document for full details. (kpe)
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| Filing 7 AFFIDAVIT of Substitute Custodian signed by: APEX MARINE, LLC by Great American Life Insurance Company (Ludwin, Adam) |
| Filing 6 Consent and Indemnification Agreement by Great American Life Insurance Company (Ludwin, Adam) |
| Filing 5 MOTION to Appoint APEX MARINE, LLC as Custodian by Great American Life Insurance Company. Responses due by 10/25/2019 (Attachments: #1 Text of Proposed Order)(Ludwin, Adam) |
| Filing 4 MOTION for Entry of Break Order by Great American Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Ludwin, Adam) |
| Filing 3 MOTION for Issuance of Warrant in rem by Great American Life Insurance Company. (Attachments: #1 Text of Proposed Order, #2 Warrant)(Ludwin, Adam) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) |
| Filing 1 COMPLAINT against M/Y NEVER SATIISFIED, Hayden V Moskowitz, Michael Moskowitz. Filing fees $ 400.00 receipt number 113C-12053850, filed by Sailfish Marina Resort. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit Verification, #4 Civil Cover Sheet)(Ludwin, Adam) |
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